As a victim of malpractice, you hold the right to file a case against your doctor if they make a mistake while treating you. You may sue a doctor regardless of whether or not they have a malpractice insurance in place.
The legal course of action wouldn’t always be easy. The doctors are usually supported by hospitals that are represented by a competent law firm. If you wish to build a strong case for your claim, an attorney specializing in medical malpractice cases can be your best choice.
Can You Sue a Doctor for Negligence in Texas?
The majority of states require physicians to have malpractice insurance to protect their practices from financial ruin. In most cases, it would be difficult to collect on a claim without malpractice insurance.
The state of Texas is an exception to this. It doesn’t require doctors or other health care practitioners to have malpractice insurance. In other news, Texas also has a “statute of limitations” that sets a two-year time restriction for an injured person or their survivor to initiate a medical malpractice lawsuit.
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The Four Elements of Doctor Negligence Lawsuits in Texas
Claims of doctor negligence are among the most difficult to prove, and not every instance of carelessness can be deemed malpractice. It is necessary to show that the physician was negligent and broke the standard of care for a medical malpractice lawsuit to be viable in Texas. To put it simply:
- A long-standing relationship between the doctor and patient is a must.
- An evident divergence from the usual standard of care.
- Evidence of a doctor’s actions or inaction that caused harm to the patient
- Patients must prove that their injuries were caused by the doctor’s carelessness in treating them.
What Are the Odds of Winning a Malpractice Suit?
Malpractice lawsuits are difficult to win, particularly if you decide to take on the legal system on your own. Oftentimes, if not always, the jurors agree with physicians in circumstances when there is little evidence in your favor.
Hence, you must have a competent attorney at your side to assist you. If you’re looking for a lawyer with expertise and a track record of success, the Buzbee Law Firm is your best pick.
Can the Hospital Be Held Accountable for Damages?
As long as a hospital has malpractice insurance, your losses may be covered by the policy, even if the doctor doesn’t have malpractice insurance in place. Medical and administrative personnel at hospitals have a duty to protect patients from danger by conducting regular inspections.
In the following circumstances, the hospital might be held liable for your sickness or injury:
- Unnecessary or improper surgical procedure was carried out by your doctor
- If you had problems like an infection while in the hospital because of poor treatment
- Staff members at the hospital gave the wrong drug or gave it at the wrong dose
A medical malpractice attorney in Texas will identify all responsible parties who could have contributed to your sickness. This is crucial to your case since a doctor’s assets or malpractice insurance may be exhausted by the cost of your medical treatment and personal care.
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The Cap on Damages in Medical Malpractice Cases
If your doctor does not have malpractice insurance, you can get the compensation you deserve by suing defendants in a multi-party action. However, some governments limit non-economic damages like pain and suffering to a certain amount.
In Texas, for example, the Texas Civil Practice & Remedies Code § 74.301 allows you to recover up to $500,000 in these damages when suing numerous defendants. But there is no limit on damages like lost pay or medical expenses. These expenses may be recovered in full by suing all parties responsible.
What Is the Average Payout for Malpractice Lawsuits?
Texas has followed other states’ lead and enacted legislation that limits the number of compensation victims may obtain for non-economic damages (pain and suffering).
Limits on Non-Economic Damages
- Maximum $250,000: In case of medical malpractice against a healthcare provider
- Maximum $250,000: In case of medical malpractice against a single health care institution
- Maximum $500,000: In case of medical malpractice by each claimant against multiple health care institutions
Limits on Punitive Damages
When negligent behavior is severe, such as hiding mistakes or erasing medical records, the jury may impose punitive penalties. The non-economic damages awarded by the jury, including pain and suffering, land at up to $750,000; or $200,000 in damages.
Lawsuits Against Doctors Without Malpractice Insurance
If a healthcare professional does not have malpractice insurance, it can make a strong case for you. Because gaining a judgment does not ensure that the victim will get any compensation, these claims are difficult to prosecute.
To boost your chances of obtaining compensation, connect with a competent medical malpractice attorney in Texas.
A Course of Action to Build a Strong Case
Due to stringent statute of limitations and deadlines by the state of Texas for medical malpractice claims, you must initiate the process immediately.
- Begin with the process of medical records review with an attorney to discover whether you are eligible for compensation.
- Gather and record all relevant facts and maintain a comprehensive log of your physical ailment and agony. Compile a witness list as well.
- If your injury hasn’t healed or is causing you discomfort, you should see a doctor. A second view can help you confirm and record any problems you run across.
A reliable medical attorney in Texas can help build a strong case for you.
Call Us Now for Help With Your Malpractice Case!
The Buzbee Law Firm will analyze your case and help build a strategy for obtaining the compensation you deserve. Waiting can only hurt your case, so get in touch with us as soon as possible. You are eligible for a free consultation. Contact us today to discuss the specifics of your case.